Legal Philosophy Overview
An article discussing the philosophy of legislation and its importance in building a rule of law state. It explains that law is not merely commands issued by authority, but rather a tool for organizing society, protecting rights, and defining the powers of institutions. The article emphasizes that laws should be enacted based on genuine social needs and that the exercise of authority must be bound by the principles of Sharia and legality. It also highlights the importance of popular participation and the separation of powers to ensure the balance and neutrality of state institutions. Furthermore, it distinguishes between "the rule of law," where everyone is subject to the law, and "the rule by law," where authority uses law for its own purposes. The article concludes that just law is one that achieves justice and serves society, and that a modern state should be characterized by institutional balance and the rule of law, rather than merely the external appearance of the legal system.
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